BILL NUMBER: ACR 185	CHAPTERED  09/18/00

	RESOLUTION CHAPTER   150
	FILED WITH SECRETARY OF STATE   SEPTEMBER 18, 2000
	ADOPTED IN SENATE   AUGUST 31, 2000
	ADOPTED IN ASSEMBLY   AUGUST 31, 2000
	AMENDED IN ASSEMBLY   AUGUST 31, 2000

INTRODUCED BY   Assembly Member Battin
   (Coauthors:  Assembly Members Aanestad, Ashburn, Bates, Brewer,
Briggs, Campbell, Dickerson, Kaloogian, Leonard, Maddox, Maldonado,
McClintock, Olberg, Oller, Robert Pacheco, Pescetti, Runner,
Strickland, Zettel, Alquist, Aroner, Baldwin, Baugh, Bock, Calderon,
Cardenas, Cardoza, Cedillo, Corbett, Correa, Cox, Cunneen, Davis,
Ducheny, Dutra, Firebaugh, Florez, Gallegos, Granlund, Hertzberg,
Honda, House, Jackson, Keeley, Knox, Kuehl, Leach, Lempert,
Longville, Lowenthal, Machado, Margett, Mazzoni, Migden, Nakano, Rod
Pacheco, Papan, Reyes, Romero, Shelley, Steinberg, Strom-Martin,
Thomson, Torlakson, Villaraigosa, Vincent, Washington, Wayne, Wesson,
Wiggins, Wildman, and Wright)

                        AUGUST 23, 2000

   Assembly Concurrent Resolution No. 185--Relative to Native
American tribal rights.


	LEGISLATIVE COUNSEL'S DIGEST


   ACR 185, Battin.  Native American tribal rights.
   This measure would reaffirm state recognition of the sovereign
status of federally recognized Indian tribes as separate and
independent political communities within the United States, encourage
all state agencies, when engaging in activities or developing
policies affecting Native American tribal rights or trust resources,
to do so in a knowledgeable, sensitive manner that is respectful of
tribal sovereignty, and encourage all state agencies to continue to
reevaluate and improve the implementation of laws affecting Native
American tribal rights.




   WHEREAS, The United States Constitution gives Congress the power
"to regulate Commerce with foreign Nations, and among the several
States, and with the Indian Tribes" (Section 8, Article I, U.S.
Const.) thus recognizing Native American tribes as separate and
independent political communities within the territorial boundaries
of the United States; and
   WHEREAS, The United States Constitution has been construed to
recognize Indian sovereignty by classifying Indian treaties as part
of the "supreme law of the land," and to establish Indian affairs as
a unique area of federal concern; and
   WHEREAS, Congress and the President of the United States have
enacted measures that promote tribal economic development, tribal
self-sufficiency, and a strong tribal government, such as the federal
Indian Gaming Regulatory Act (25 U.S.C. Sec. 2701 and following);
and
   WHEREAS, Previous presidents have consistently affirmed tribal
sovereignty and, thus, the rights of Indian nations in the following
ways:  President Lyndon B. Johnson recognized "the right of the first
Americans ... to freedom of choice and self-determination";
President Nixon strongly encouraged "self-determination" among the
Indian people; President Reagan pledged "to pursue the policy of
self-government" for Indian tribes and reaffirmed "the
government-to-government basis" for dealing with Indian tribes; and
President Bush recognized that the federal government's "efforts to
increase tribal self-governance have brought a renewed sense of pride
and empowerment to this country's native peoples"; and
   WHEREAS, The Legislature of the State of California is committed
to strengthening and assisting Indian tribal governments in their
development and to promoting Indian self-governance; and
   WHEREAS, The Legislature supports and is committed to the
enforcement of the Indian Civil Rights Act of 1968 (25 U.S.C. Sec.
1301 and following), which safeguards tribal sovereignty while
simultaneously ensuring that the civil rights of Indian people are
protected; and
   WHEREAS, Because the Legislature recognizes and respects tribal
customs and traditions, it is important that the state government
work to preserve tribal cultures; and
   WHEREAS, The Legislature acknowledges that tribal governments now
are able to provide tribal members with better health care services,
education, job training, employment opportunities, and other basic
essentials; and
   WHEREAS, The Legislature further recognizes that tribal
governments have been generous benefactors--helping their neighbors
in making California communities as good as they can be; and
   WHEREAS, The people of the State of California overwhelmingly
indicated their support for Indian sovereignty through the passage of
Proposition 5, the Tribal Government Gaming and Self-Sufficiency Act
of 1998, by a vote of 63 percent at the November 3, 1998, general
election and Proposition 1A, the Gambling on Tribal Lands Initiative,
by a vote of 64.5 percent at the March 20, 2000, primary election;
now, therefore, be it
   Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Legislature of the State of California
reaffirms state recognition of the sovereign status of federally
recognized Indian tribes as separate and independent political
communities within the territorial boundaries of the United States,
encourages all state agencies, when engaging in activities or
developing policies affecting Native American tribal rights or trust
resources, to do so in a knowledgeable, sensitive manner that is
respectful of tribal sovereignty, and, in recognizing their tribal
sovereignty, encourages all state agencies to continue to reevaluate
and improve the implementation of laws that affect Native American
tribal rights; and be it further
   Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to all federally recognized tribes in California,
Members of Congress, and the President of the United States.
